Item - 2012.PG16.1

Tracking Status

PG16.1 - New Draft City-Wide Zoning By-law

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Decision

The Planning and Growth Management Committee:

 

1.         Directed that the draft City wide Zoning By-law be made available to the public in printed form for viewing at each of the Civic Centres and City Hall in the Office of the City Clerk, as well as in electronic form available online at the City Clerk's Council and Committee web page: (http://app.toronto.ca/tmmis/decisionBodyProfile.do?function=doPrepare&meetingId=5685#Meeting-2012.PG16)

 

2.         Directed that the draft City-wide Zoning By-law be made available to the public in electronic form at: http://www.toronto.ca/zoning with the opportunity to comment on-line or write to the Acting Chief Planner and Executive Director, City Planning, and that staff make themselves available to answer questions and meet upon request.

 

3.         Directed Staff to attend community meetings sponsored by Ward Councillors upon request.

 

4.         Directed the Acting Chief Planner and Executive Director, City Planning, to submit a report to the October 12, 2012 meeting of the Planning and Growth Management Committee that outlines the comments received from members of the public and makes recommendations with respect to changes to the draft City-wide Zoning By-law.

 

5.         Directed that a special meeting of the Planning and Growth Management Committee be arranged in the latter half of November 2012 to hold a Statutory Public Meeting for the purposes of considering the draft City-wide Zoning By-law for adoption.

 

6.         Directed the Acting Chief Planner and Executive Director, City Planning  to consider and report to the October 12, 2012 meeting of the Planning and Growth Management Committee  on amendments to the Harmonized Zoning By-law that would have the effect of prohibiting Holistic Establishments from being located within any Zone that permits residential uses, or within specified Centres, Districts, or Avenues.

 

7.         Directed the Acting Chief Planner and Executive Director, City Planning, to consider and report to the October 12, 2012 meeting of the Planning and Growth Management Committee on amendments to the Harmonized Zoning By-law that would have the effect of requiring an appropriate limiting distance of any Holistic establishment from a Residential, Mixed-use, or Avenue zone.

 

8.         Directed the Acting Chief Planner and Executive Director, City Planning,  to consider and report to the October 12, 2012 meeting of the Planning and Growth Management Committee on amendments to the Harmonized Zoning By-law that would have the effect of requiring a limiting distance between Holistic establishments in any Zone.

 

9.         Referred the deputations and letters submitted to date to the Acting Chief Planner and Executive Director, City Planning, for consideration in his review of the new draft City-wide Zoning By-law. 

 

Origin

(June 4, 2012) Report from the Acting Chief Planner and Executive Director, City Planning Division

Summary

The new revised draft City-wide Zoning By-law is appended to this report as Attachment One. Revisions are proposed in response to concerns raised by the appellants of City-wide Zoning By-law 1156-2010, which was repealed in May 2011. Acting on the direction from Council, staff invited all the appellants of the former By-law 1156-2010 to meetings to describe their concerns. The meetings took place over the summer and early autumn of 2011. The report summarizes the concerns raised by the appellants and summarizes, chapter by chapter, the changes made to the new draft in comparison to the previous Zoning By-law. The report also makes recommendations with respect to consultation and reporting schedule for the consideration of the new draft of the Zoning By-law.

 

Many of the concerns expressed by the appellants of By-law 1156-2010 related to transition from the old to the new zoning regime with respect to the treatment of "pipeline" development applications, the recognition of minor variance and by-law permissions, and the treatment of existing buildings. Proposed changes to the new draft Zoning By-law address these concerns. How gross floor area is defined and regulated has been changed in the revised draft Zoning By-law. The Conservation Overlay Map has been removed but regulations within the draft Zoning By-law continue to require a 10 metre setback from the top of the ravine. Several changes have been made to the Employment Zone regulations based on discussions with appellants. Changes to the Commercial Residential Zones address concerns with tall building regulations, restaurants and outdoor patios. There were a few changes to the Residential Zone category, mostly exemptions for existing buildings and changes to the main wall height to allow greater flexibility in design.

Background Information

(June 4, 2012) Report from the Acting Chief Planner and Executive Director, City Planning Division on the New Draft City-wide Zoning By-law Resulting from the meetings with Appellants of the Former By-law 1156-2010
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48010.pdf
(June 4, 2012) Draft Zoning By-law - Cover
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48056.pdf
(June 4, 2012) Draft Zoning By-law - Table of Contents (Version: June 18, 2012)
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48057.pdf
(June 4, 2012) Draft Zoning By-law - Volume 1 - Chapters 1 to 800 (Version: June 18, 2012)
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48058.pdf
(June 4, 2012) Draft Zoning By-law - Volume 2 - Exceptions (Version: June 18, 2012)
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48059.pdf
(June 4, 2012) Draft Zoning By-law - Volume 3 - Exceptions (Version: June 18, 2012)
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48060.pdf
(June 4, 2012) Draft Zoning By-law - Maps (Version: June 18, 2012)
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48074.htm

Communications

(June 14, 2012) E-mail from Don Purvis, Vice-President, Cabbagetown South Residents Association (PG.New.PG16.1.1)
(June 14, 2012) Letter from Eric A. Bristow, Director Government and Stakeholder Relations, Ontario, Canadian Petroleum Products Institute (PG.New.PG16.1.2)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30873.pdf
(June 14, 2012) Letter from Geoff Kettel, Co-Chair, and Peter Baker, Co-Chair, Federation of North Toronto Residents' Associations (FoNTRA) (PG.New.PG16.1.3)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30874.pdf
(June 15, 2012) E-mail from Kathy Pandell, Pal Properties Limited (PG.New.PG16.1.4)
(June 14, 2012) Letter from Cosimo Casale, P. Eng, Cosmopolitan Associates Inc. (PG.New.PG16.1.5)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30876.pdf
(June 15, 2012) Letter from Raj Kehar, Davies Howe Partners LLP (PG.New.PG16.1.6)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30877.pdf
(June 15, 2012) Letter from Harold R. Watson, O'Connor MacLeod Hanna LLP (PG.New.PG16.1.7)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30878.pdf
(June 18, 2012) Submission from Nick Sion, President, Upper Canada Tenant Association (PG.New.PG16.1.8)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30890.pdf
(June 18, 2012) Letter from Daryl Chong, President and CEO, Greater Toronto Apartment Association (PG.New.PG16.1.9)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30891.pdf
(June 18, 2012) E-mail from Lorne Rose, Lorne Rose Architect (PG.New.PG16.1.10)
(June 18, 2012) Submission from Eric Bristow, Director, Government and Stakeholder Relations, Canadian Petroleum Products Institute (PG.New.PG16.1.11)
(June 17, 2012) Submission from Stephen I. Fagyas, Commercial Focus Advisory Services Inc. (PG.New.PG16.1.12)
https://www.toronto.ca/legdocs/mmis/2012/pg/comm/communicationfile-30894.pdf

Speakers

Robert G. Brown, Annex Residents Association
Tim Lambrinos, Executive Director, Adult Entertainment Association of Canada
Nick Sion, President, Upper Canada Court Tenant Association
Steven Mastoras, Whistler's Grille and The McNeil Room
Spiro Koumoudouros, Owner, The House of Lancaster
Eric Bristow, Director, Government and Stakeholder Relations, Canadian Petroleum Products Institute
Allen Gaw, Topham Park Homeowner's Association
Mary Ellen Lynch, OAA, on behalf of the Ontario Association of Architects
Daryl Chong, President and CEO, Greater Toronto Apartment Association
Bob Abrahams, Principal, Open Architects Inc.
Graham Smith, Altius Architecture
Stephen I. Fagyas, Commercial Focus Advisory Services Inc., on behalf of the Adult Entertainment Association of Canada
Harold Watson, O'Connor MacLeod Hanna Inc., on behalf of Park Smart Inc.
Derrick Snowdy, O'Connor MacLeod Hanna LLP, on behalf of Epic Parking Control Services Inc.
Trevor Currie and Holly Robertson, Moore Park Crematorium Working Group

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

1. The Committee direct the Acting Chief Planner to consider and report to the October 12, 2012 meeting of PGM on amendments to the Harmonized Zoning By-law that would have the effect of prohibiting Holistic Establishments from being located within any Zone that permits residential uses, or within specified Centres, Districts, or Avenues.

 

2. The Committee direct the Acting Chief Planner to consider and report to the October 12, 2012 meeting of PGM on amendments to the Harmonized Zoning By-law that would have the effect of requiring an appropriate limiting distance of any Holistic establishment from a Residential, Mixed-use, or Avenue zone.

 

3. The Committee direct the Acting Chief Planner to consider and report to the October 12, 2012 meeting of PGM on amendments to the Harmonized Zoning By-law that would have the effect of requiring a limiting distance between Holistic establishments in any Zone.


2 - Motion to Amend Item (Additional) moved by Councillor Peter Milczyn (Carried)

That the Committee refer the deputations and letters submitted to date to the Acting Chief Planner and Executive Director, City Planning, for consideration in his review of the new draft City-wide Zoning By-law.


3 - Motion to Adopt Item as Amended moved by Councillor Peter Milczyn (Carried)

1a - Harmonized Zoning By-law - Consideration of Amendments related to Holistic Establishments

Origin
(June 14, 2012) Letter from Councillor Peter Milczyn, Ward 5, Etobicoke-Lakeshore
Summary

In recent years there has been a dramatic increase in the number of holistic establishments City-wide. There has also been a tendency for them to become concentrated in several areas within the City.  This is a relatively new type of land use/occupancy and residents have raised various concerns and complaints about the location and operation of these facilities.

 

Among the concerns raised are noise, traffic, parking, criminal activity, and harassment of residents by patrons and staff of the establishments.

 

It is clear that is a type of occupancy that when located in close proximity to residential units creates unwanted and undesirable conflicts.  Consequently keeping this use away from zones that contain residential uses would eliminate those conflicts.

 

Another issue related to these establishments is that they have concentrated on certain streets and districts in the city.  This type of concentration further adds to the nuisance and conflict that they often create.  Ensuring reasonable separation distances between establishments would reduce the negative impact they have in various communities.

 

The Harmonized Zoning By-law represents the first real opportunity to address the problems created by these establishments City-wide by imposing new zoning regulations to limit their impact on communities.

Background Information
(June 14, 2012) Letter from Councillor Peter Milczyn, Ward 5, Etobicoke-Lakeshore on the Harmonized Zoning By-law - Consideration of Amendments related to Holistic Establishment
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48493.pdf

1b - Requesting Staff Report on the Separation Distance of Crematoriums to Sensitive Land Uses and Residential Areas as it Pertains to the New Draft Zoning By-law

Origin
(June 15, 2012) Letter from Councillor Kristyn Wong-Tam, Ward 27, Toronto Centre-Rosedale
Summary

Currently, the Province of Ontario licences all funeral homes, crematoriums and cemeteries under the Cemeteries Act (Revised), the Funeral Directors and Establishment Act. The legislation permits crematoriums only in cemeteries.

 

On July 1, 2012, the Funeral, Burial and Cremation Services Act, 2002 will come into effect and establish a new regulatory framework for most of the bereavement sector, including crematoriums. The new legislation will allow applications for a licence to operate a crematorium outside of a cemetery.

 

Crematoriums currently require and will continue to require, a Certificate of Approval from the Ministry of the Environment (MOE) to ensure the environment is not adversely affected through concentrations of air pollutants meeting provincial guidelines on and beyond a cemetery property under normal operations.

 

When human remains and the funeral caskets are cremated, a number of by-products or trace air pollutants are created that could pose potential health impacts. These include particulate matter volatile organic compounds, carbon monoxide, nitrogen oxides, sulphur dioxides, hydrogen chloride, plastic, fabric, wood, paper, rubber, chemicals, heavy metals (cadmium, mercury, lead) and dioxins and furans.

 

Odours and visible smoke can be a nuisance to neighbours. In the case of smoke, the problem is mainly associated with certain stages of the burn cycle. For example, the clothing and plastic wrap that often accompany the body can result in significant quantities of smoke, particularly in the burn cycle. The magnitude of these emissions may depend on the types of incinerator that is used.

 

Studies regarding the ability to mitigate the health impacts of crematoriums are inconclusive, but in abundance of caution, crematoriums should be directed away from locations that are in close proximity to residential and to other sensitive land uses (e.g. daycares, schools).

 

The City has the ability to impose separation distances between industrial uses and sensitive land uses to avoid or minimize the potential for land use conflicts that extend beyond the property limits of industrial activity. Typical emissions that may affect the amenity of nearby sensitive land uses includes gaseous and particulate emissions, noise, dust and odour. It is generally assumed that the impacts on the environment will generally decrease with increased distance from the source of the emission.

 

The Minister of Consumer Services has indicated that a municipality may wish to introduce separation distances through its zoning powers under the Planning Act. In this regard, MOE's "Compatibility Between Industrial Facilities and Sensitive Land Uses (D-6-3) Separation Distances" (collectively known as the "D6 Guidelines") may be used as a guide to develop separation distances between crematoriums and sensitive land uses. Furthermore, the Minister has confirmed that a licence for a crematorium will not be granted by the Province until municipals approvals have been obtained.

Crematoriums are identified by air quality experts as Type II facilities under the D6 Guidelines. The recommended minimum set back for Type II industrial use from a sensitive land use is 70 metres with a potential area of influence of 300 metres. Based on this information, crematoriums shall be located a minimum 300 metres from sensitive and other sensitive land uses. According to the D6 Guidelines, residential land use shall be considered sensitive 24 hours/day.

 

While the new the Funeral, Burial and Cremation Services Act, 2002 does not require municipalities to expand the areas in which crematoriums may locate, the legislation was updated to be more responsive to consumer needs and to provide increased options for bereavement services. In the past, Toronto residents and property owners have already express concerns about potential land use conflicts between new and existing crematoriums and residential uses. If the City chooses to maintain the status quo, it will have to evaluate each crematorium proposal on an individual basis in the absence of policies that meet the intent of the new provincial legislation. Without examining this matter on a city-wide basis, the City could be vulnerable to site specific appeals at the Ontario Municipal Board.

Background Information
(June 15, 2012) Letter from Councillor Kristyn Wong-Tam, Ward 27, Toronto Centre-Rosedale re Requesting Staff Report on the Separation Distance of Crematoriums to Sensitive Land Uses and Residential Areas as it Pertains to the New Draft Zoning By-law
https://www.toronto.ca/legdocs/mmis/2012/pg/bgrd/backgroundfile-48528.pdf
Source: Toronto City Clerk at www.toronto.ca/council